Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta
Jarnail Singh – Appellant
Versus
Jarnail Singh (Since Deceased) Through His Lrs – Respondent
JUDGMENT :
Nidhi Gupta, J.
CM-4690-C-2021
Prayer in this application filed under Section 5 of the Limitation Act is for condonation of delay of 12 days in filing the accompanying appeal.
Heard.
For the reasons mentioned in the application which is duly supported by an affidavit of the applicant/appellant, the same is allowed and the delay of 12 days in filing the accompanying appeal is condoned.
CM-4691-C-2021
Prayer in this application filed under Section 151 CPC is for condonation of delay of 47 days in refiling the accompanying appeal.
Heard.
For the reasons mentioned in the application which is duly supported by an affidavit of the applicant/appellant, the same is allowed and the delay of 47 days in refiling the accompanying appeal is condoned.
RSA-1040-2021 (O&M)
The plaintiff No.1 is in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the plaintiffs for grant of declaratory decree to the effect that the plaintiffs are owners in exclusive possession in respect of the suit land measuring 02 kanals 04 marlas bearing khewat No. 11/9, Khautoni No. 31, comprising of khasra, numbers 103, as mentioned in the Jamabandi for the year 20
Possession under Section 53-A of the Transfer of Property Act does not confer ownership but protects current possession rights.
Appellate courts cannot interfere with factual findings established by lower courts unless substantial legal errors are demonstrated.
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
Possession based on a license can be challenged if contradictions in agreements and evidence arise, impacting the validity of claims under statutory provisions.
Civil Law - Dismissal of suit for permanent injunction and restoration of possession in suit property - provision of order VII, Rule II(b) that a Court has to come to a finding that relief claimed ha....
In property disputes, a registered title supersedes unperformed agreements, protecting the rights of bona fide purchasers against prior contracts.
Registered documents are publicly known and a suit for declaration of fraud must be filed within the limitation period or it is barred; possession must be proven with cogent evidence.
The court emphasized that the defense of adverse possession cannot be claimed if it is contradictory to the main defense of ownership, and that the benefit under section 53A of the TPA can only be cl....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
